030716mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
March 7, 2016
The Harnett County Board of Commissioners met in regular session on Monday, March 7, 2016,
in the Commissioners Meeting Room, County Administration Building, 102 East Front Street,
Lillington, North Carolina.
Members present:
Staff present:
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Burgin called the meeting to order at 9:00 am. Girl Scout Troop 1783 of Dunn led the
pledge of allegiance. Vice Chairman Springle led the invocation.
Chairman Burgin called for additions and deletions to the published agenda. Vice Chairman
Springle requested the removal of the Resolution of the County of Harnett, North Carolina,
Declaring the Intent of the County of Harnett, North Carolina to Issue Approximately
$18,000,000 General Obligation School Bonds to Finance Benhaven Elementary School, as
Requested by the Board of Education of Harnett County, and to Reimburse Itself for Capital
Expenditures Incurred in Connection with the Acquisition and Construction of Benhaven
Elementary School from the Proceeds of Such General Obligation School Bonds Expected to be
Issued in Fiscal Year 2017. Commissioner Miller moved to approve the agenda as amended.
Vice Chairman Springle seconded the motion which passed unanimously.
Commissioner McKoy moved to approve the following items listed on the consent agenda.
Commissioner Elmore seconded the motion which passed unanimously.
1) Minutes: February 1, 2016 Regular Meeting
2) Budget Amendments:
218 Public Utilities Department
Code 531-9000-431-74-73 Capital Outlay/Other Improvements
531-9021-431.74-74 Capital Outlay/Equipment
531-9025-431-74-74 Capital Outlay/Equipment
12,000 decrease
17,000 decrease
29,000 increase
March 7, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 8
217 Health Department
Code 110-7600-441.32-26
110-7600-441.54-26
110-7600-441.55-12
110-7600-441.60-33
110-7600-441.60-45
110-7600-441.60-46
110-7600-441.60-47
110-7600-441.64-25
110-0000-331.76-12
110-0000-331.76-19
219 Sheriff Department
Code 110-5100-420.43-16
110-5100-420.60-33
110-5100-420.64-25
110-5100-420.60-57
110-5100-420.32-60
110-5100-420.43-26
110-5100-420.30-04
110-0000-399.00-00
Incentives
Advertising
Printing
Materials & Supplies
Drugs
Medical Supplies
Food & Provisions
Books & Publications
Family Planning
Family Planning TANF
Maintenance/Repair-Equipment
Materials & Supplies
Books & Publications
Miscellaneous Expense
Towing
Auto Damage
Professional Services
Fund Balance Appropriated
222 Cooperative Extension Adolescent Parenting Program
Code 110-7300-465.60-39 Other Materials (Voices into Action)
110-0000-331.73-27 Revenue — Voices into Action
228 Health Department
Code 110-7600-441.60-33 Materials & Supplies
110-0000-331.76-01 WIC
232 Cooperative Extension, Parents as Teachers
Code 110-7310-465-33-45 Contracted Services
110-7310-465-60-53 Dues & Subscriptions
234 Sheriff's Office
Code 110-5100-420-30.04 Professional Services
110-0000-399.00-00 Fund Balance Appropriated
5,852 increase
1,245 increase
1,000 increase
600 increase
5,603 decrease
3,456 decrease
1,500 increase
1,600 increase
3,456 decrease
6,194 increase
7,500 decrease
7,500 decrease
4,000 decrease
500 decrease
2,000 decrease
1,000 decrease
52,500 increase
30,000 increase
2,400 increase
2,400 increase
5,551 increase
5,551 increase
1 decrease
1 increase
30,000 increase
30,000 increase
235 Emergency Services Department
Code 110-5300-420-60-33 Materials & Supplies 1,046 increase
110-0000-351.53-02 Fire Marshal Fire Restitution 571 increase
110-0000-322.53-01 Emergency Ser. Non-Compliance/Violations 475 increase
March 7, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 8
237 Health Department
Code 110-7600-441-58-01 Training
110-0000-331.76-34 State Gov. Grant Public HTH Nursing
238 Health Department
Code 110-7600-441-32-26
110-7600-441.54-26
110-7600-441.55-12
110-7600-441.60-33
110-7600-441.60-45
110-7600-441.60-46
110-7600-441.60-47
110-7600-441.64-25
110-0000-331.76-12
110-0000-331.76-12
Incentives
Advertising
Printing
Materials & Supplies
Drugs
Medical Supplies
Food & Provisions
Books & Publications
Family Planning
Family Planning TANF
240 School Project CP1501
Code 308-8300-480.47-51 Security System
308-8300-314.50-00 Sale Tax
241 Cooperative Extension, Adolescent Parenting Program
Code 110-7300-465.32-39 Pesticide Recycling
110-0000-334.73-19 Revenue- Pesticide Recycling
246 Cooperative Extension, Agriculture Program
Code 110-7398-465.32-39 Agriculture
110-0000-344.12-00 Revenue- Agriculture
250 Solid Waste
Code 580-6600-461.33-50 Contracted Services
580-0000-354.01-00 Sale of Other Assets
251 Department of Social Services
Code 110-7710-441.80-60 Day Care Smart Start
110-7710-441.80-92 LIEP
110-7710-441.88-70 Duke Merger Settlement
110-7710-441.89-50 Elderly Assistance Donations
110-7710-441.89-20 Central Electric Donation
110-0000-330.77-05 Day Care Smart Start
110-0000-330.77-01 Social Services Administration
110-0000-399.00-00 Fund Balance Appropriated
110-0000-353.06-00 Social Services Donations
1,200 increase
1,200 increase
5,852 increase
1,245 increase
1,000 increase
600 increase
5,603 decrease
3,456 decrease
1,500 increase
1,600 increase
3,456 decrease
6,194 increase
9,525 increase
9,525 increase
5,237 increase
5,237 increase
1,545 increase
1,545 increase
250 increase
250 increase
680,000 increase
7,796 increase
139,734 increase
1,071 increase
4,600 increase
680,000 increase
7,796 increase
139,734 increase
5,671 increase
March 7, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 8
261 Harnett County WIOA Dislocated Worker Program Fund
Code 234-7411-465.35-61 Paid Work Experience
234-7411-465.32-73 Training Vouchers ITA
234-7411-465.35-83 Training Vouchers Non ITA
234-0000-331.74-11 Harnett Dislocated Worker WIOA
262 Harnett County WIOA Dislocated Adults Program Fund
Code 234-7410-465.32-73 Training Vouchers ITA
234-7410-465.35-83 Training Vouchers Non ITA
234-7410-465.58-19 Participant Travel
234-0000-331.74-10 Harnett Adult WIOA Program
4,934 increase
3,661 increase
10,405 increase
19,000 increase
1,000 increase
2,000 increase
2,000 increase
5,000 increase
3) Tax rebates, refunds and releases (Attachment 1)
4) Harnett County Cooperative Extension requested approval to receive a $2,400 grant from
NCSU Voices Into Action Grant. Funding will support Harnett County's Child Care
R&R Program and Harnett County Cooperative Extension EFNEP Nutritional Education
Program.
5) Harnett County Sheriff's Office requested approval to accept the award of seven (7)
Maglite ML125 LED flashlights valued at $75.00 each. These units are awarded to
Harnett County based upon the N.C. Governor's Highway Traffic Safety Grant point
system.
6) Harnett County Sheriff's Office requested approval of resolution approving the
retirement of Canine Deputy Quanto; declaring the canine as surplus and awarding it to
K9 handler Deputy Michael Kemp for one dollar ($1.00). (Attachment 2)
7) Harnett County Sheriffs Office requested approval to accept the donation of a Glock 17
9mm handgun Serial # VEC035 with magazines and ammunition and a Century Arms
5.45x39 caliber, model # NDS -2 Serial #J003813 with 22 cases of ammunition from
Virginia Marie Thompson of 8091 Gates Road, Suffolk, Virginia.
8) Resolution by the Harnett County Board of Commissioners directing staff to publish a
Notice of Public Hearing to consider the County's participation in an Economic
Development Incentive Agreement. (Attachment 3)
9) Harnett County Administration recommended, in lieu of appropriating County funds, that
Harnett County Public Utilities relocate a sewer line for the Erwin Depot Project costing
approximately $35,000,
10) Harnett County Finance Officer requested approval to payoff various Public Utilities
debt. The approximate cash payoff will be $2,303,816.73 with a potential savings of
$175,690.99.
March 7, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 8
11) Administration requested approval of a letter of support for CON Application for Harnett
Health Cardiac Catheterization Equipment.
12) Harnett County General Services requested approval of a change order in the amount of
$3,200 to add vendor signage to US 421 monument sign. The increased funds are
available within the current capital budget.
13) Administration requested adoption of the proposed Social Media Use Policy
14) Harnett County Health Director requested approval to establish and increase the
following fees:
NEW Vaccine fee to be established:
CPT CODE DESCRIPTION RECOMMENDED PRICE
90651 HPV (Gardasil 13) $185.00 (new)
(Replacing Gardasil)
INCREASE
90707 MMR ii $70.00 (current $60)
90710 Proquad — MMR $190.00 (current $160)
90716 Varivax — Varicella $115.00 (current $105)
15) Harnett County Public Utilities requested approval of write-offs for the 4th quarter in the
amount of $38,635.35.
16) Proclamation — Girl Scout Week March 6 — 12, 2016
17) Harnett County Joblink requested approval to receive $24,000 in additional funds
awarded to operate Harnett County WIOA Adult and Dislocated Worker Programs.
18) Harnett County Cooperative Extension requested approval to receive renewal Child Care
Block Grant in the amount of $16,836 from Child Care Network to continue providing
training and workshops for child care providers across Harnett County.
19) Harnett County Engineer requested approval of Change Order #1 of the US 421
Improvements Project for the Campbell University School of Osteopathic Medicine
Project, Capital Project No. PU 1202 in the amount of $7,760. Campbell University, who
is funding the project in its entirety, has approved the change order.
20) Resolution of the Board of Commissioners of the County of Harnett, North Carolina,
Authorizing the Refinancing of a County Installment Financing Obligation and Providing
for Certain Other Related Matters Thereto. The resolution also directs staff to publish a
Notice of Public Hearing to consider the County's $2.2 Million QSCB. (Attachment 4)
March 7, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 8
21) Resolution of the Board of Commissioners of the County of Harnett, North Carolina,
Authorizing the Refinancing of a County Installment Financing Obligation and Providing
for Certain Other Related Matters Thereto. The resolution also directs staff to publish a
Notice of Public Hearing to consider the County's 2009 COPs refinancing.
(Attachment 5)
Commissioners presented the Proclamation — Girl Scout Week March 6 —12, 2016 — to Girl
Scout Troop 1783 of Dunn.
Chairman Burgin opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes.
- Cris Nystrom of 391 Center Lane in Bunnlevel said, assuming a person is coming to our
county in peace, he hopes the first thing people find when they come here is citizens and
county employees giving them a warm welcoming smile that they know everything is
going to be fine.
- Jerry Rivas of 364 Twin Ponds Road in Sanford said he is deeply concerned over the
situation with John Livingston who he considers to have been murdered by a Harnett
County Sheriff Deputy last November. Mr. Rivas said District Attorney Vernon Stewart
and Sheriff Rollins are dragging their feet and they need to be held accountable.
Commissioner Miller moved to approve the appointments listed below. Vice Chairman Springle
seconded the motion which passed unanimously.
Adult Care Home Community Advisory Committee
Grace Watts, Annie J. Owens and Rhonda Hutchison were appointed to serve on this
committee for a term of one year expiring March 31, 2017.
Ursela McLean was reappointed to serve on this committee for a term of three years
expiring February 28, 2019.
Agricultural Advisory Board
Brian Stafford was reappointed to serve on this board for a term of three years expiring
March 1, 2019.
Harnett County Public Facilities Corp. Board of Directors
Steve Ward was appointed to serve on this board to serve on this board for a term of one
year expiring March 31, 2017.
Joseph Jeffries was reappointed to serve on this board for a term of one year expiring
March 31, 2017.
Harnett Nursing Home Community Advisory Committee
Susan Byerly was appointed to serve on this committee for a term of one year expiring
March 31, 2017.
March 7, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 8
Harnett Nursing Home Community Advisory Committee
Doris Olds was reappointed to serve on this committee for a term of three years expiring
January 31, 2019.
Historic Properties Commission
Melanie Collins was reappointed to serve as an alternate on this commission for a term of
three years expiring February 28, 2019.
Transportation Advisory Board
Barry Blevins, Carl Davis, John Finger, Patrick Fitzgerald, Valerie Gilchrist, Lisa Guy,
Mark Locklear, Jotonia McLean, Jimmy Riddle, John Rouse, Kittrane Sanders, Mary
Jane Sauls, Terri Strickland and Eric Truesdale were appointed to serve on this Board for
a term of one year expiring March 31, 2017.
Chairman Burgin recognized Angier Mayor Lewis Weatherspoon in the audience.
Mr. Jeffries presented the following reports:
- Harnett County Sales Tax Analysis by Article - November 2015
- Harnett County Financial Summary Report - January 2015
- Harnett County Public Health Activities Summary — January 2016
- Veterans Affairs Activities Reporting — January & February 2016
- Planning Services Report — January 2016
- Community Child Protection Team (CCPT) Annual Report
- Internal Budget Amendments
Mr. Jeffries also updated the Board that there is a possibility that RTRP will provide training for
Economic Development. He noted that the budget process has begun and department heads had
presented their budgets and staff was beginning capital request meetings. He said 30 nonprofits
have requested over $330,000 at this time. Preliminary budget discussions continued.
Commissioners requested an update on workers comp. at their next work session.
Chairman Burgin called for any new business. Commissioner Miller thanked staff for the
fantastic job they did with the recent community update meeting in western Harnett.
Commissioner McKoy will work with staff to setup additional community meetings to ensure the
whole county is covered.
Chairman Burgin asked staff to set up a meeting to discuss mental health in the next couple of
months including folks from Good Hope, Sandhills, the State and local hospitals. He also asked
that staff set up a developers meeting in the next few months including our Planning and
Inspections staff. Chairman Burgin said Harnett County is getting ready to experience some
growth in the next few years and we need to talk about how to collectively move forward in a
positive matter. It was the consensus of the Board that Harnett County host an Ag.
Manufacturing Development Summit. The group also talked about convenient centers and litter
in the county. Mr. Jeffries noted that County Engineer Amanda Bader would be discussing
convenient centers and sites during an upcoming work session.
March 7, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 8
Commissioner McKoy moved that the Board go into closed session for the following purposes:
1) To consult with the County's legal staff in order to preserve the attorney-client privilege
concerning the handling of certain claims and litigation including the following cases:
a. "Key Constructors, Inc. vs Harnett County, et al" 5:16 CV25 (EDNC);
b. "In re: Gail Newson Highsmith", case No. 12-80586 (MONC);
c. "Stewart vs Alfonza McNeil/Atlantic Ins.", Harnett County 15CVS1729.
2) To instruct the County staff concerning the position to be taken by the County in
negotiating the terms of an employment contract and to discuss personnel matters.
This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3), (6) & (5).
Vice Chairman Springle seconded the motion which passed unanimously.
Commissioner McKoy moved that the board come out of closed session. Commissioner Elmore
seconded the motion which passed unanimously.
Commissioner Elmore moved to adjourn t ; g at 12:14 pm. Commissioner Miller
seconded the motion, w hick passed un
W. Brooks Matthews, Chairman
CIrprov ed a -I -a!)
t Regina V( eler, Clerk
March 7, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 8 of 8
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ATTACHMENT 2
NORTH CAROLINA
HARNETT COUNTY
RESOLUTION
THAT, WHEREAS, Deputy Michael Kemp has been the handler for
Canine Quanto since 2007; and
WHEREAS, with nine years of distinguished service to Harnett
County, Canine Quanto has been recommended for retirement by
Lillington Veterinary Clinic; and
WHEREAS, Deputy Michael Kemp has expressed an interest that
Canine Quanto be released to his care for the remainder of Quanto's
life; and
WHEREAS, North Carolina General Statute 160A-267 permits the
Harnett County Board of Commissioners to authorize the disposition
of property valued at less than Thirty Thousand Dollars
($30,000.00) by private sale;
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that Canine Deputy Quanto is hereby retired and is
declared surplus to the needs of County of Harnett and is hereby
awarded to Deputy Michael Kemp for one dollar ($1.00).
Duly adopted this
ATTEST:
f441 day of a rC i1
,20)1,.
HARNETT COUNTY BOARD OF COMMISSIONERS
Clerk rko the Bard
e.
airman Bu yin
ATTACHMENT 3
NORTH CAROLINA RESOLUTION
HARNETT COUNTY
THAT WHEREAS, Jackson Family Enterprises, LLC, a North Carolina Limited Liability
Company (Jackson Enterprises) and 3 M & N, Inc., a North Carolina Corporation (3 M & N)
have recently established and begun operations of a Zaxby's restaurant facility located off NC
Highway 24-87 at 80 Brandywood Court, Cameron, Harnett County, NC 28326; and
WHEREAS, Jackson Enterprises and 3 M & N have requested that Harnett County
provide certain economic development incentives to Jackson Enterprises and/or 3 M & N which
will assist said companies in the establishment of that Zaxby' s restaurant facility in Harnett
County which will provide a greater tax base, create jobs and increase economic activity for the
benefit of the County's citizens; and
WHEREAS, pursuant to the provisions of the Local Development Act, N.C. General
Statutes §158-7.1, prior to awarding economic development incentives, the Harnett County
Board of Commissioners shall hold a public hearing in order to obtain public comment
concerning the proposed appropriation of any economic incentives to an applicant
business/industry; it is the desire of the Board of Commissioners through this Resolution to
direct the scheduling of said public hearing.
NOW THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that the Harnett County staff is hereby directed to schedule a public hearing to be
conducted at the next regular meeting of the Board on Monday, March 21, 2016, at 7:00 PM
concerning a proposal to extend economic incentives to Jackson Enterprises and/or 3 M & N for
the location and operation of a Zaxby' s restaurant facility in Harnett County.
BE IT FURTHER RESOLVED that proper notice of this public hearing be forwarded to
all proper parties and published pursuant to N.C. General Statutes § 158-7.1.
This the 7th day of March, 2016.
COUNTY OF HARNETT
By:
/di, --�
Burgin, Chai atan
arnett County € and of Commissioners
NOTICE OF PUBLIC HEARING
The Harnett County Board of Commissioners will hold a public hearing concerning a proposed
agreement to extend economic incentives to Jackson Family Enterprises, LLC, a North Carolina
Limited Liability Company (Jackson Enterprises) and/or 3 M & N, Inc., a North Carolina
Corporation (3 M & N) which have purchased real property off NC Highway 24-87 at 80
Brandywood Court, Cameron, Harnett County, NC 28326 for the construction and operation of an
approximate 3,847 square foot Zaxby' s restaurant facility. Said public hearing shall take place on
Monday, March 21, 2016 at 7:00 o'clock PM during the regular meeting of the Board of
Commissioners at the County Commissioner's Meeting Room in the Harnett County Administration
Building, located at 102 E. Front Street, Lillington, NC 27546. At that time, any person who wishes
to be heard concerning the appropriation of the economic incentives may appear before the Board.
The proposed economic incentive package will include a monetary incentive to be paid to Jackson
Enterprises and/or 3 M & N in the form of a grant of previously paid County ad valorem taxes which
are based upon the companies' investment in real property, constructed Zaxby's restaurant facility
and procured business operating personal property and equipment all of which are listed for Harnett
County ad valorem taxes. This facility project includes a capital investment of approximately $1.8
million. Four (4) full-time jobs and approximately thirty-five (35) part-time jobs have or will be
created as a result of the operation of this restaurant facility. Subject to any information received at
the public hearing, it is the intention of the Harnett County Board of Commissioners to approve the
incentive appropriation and agreement subject to various restrictions and conditions mandated by
N.C. General Statutes § 158-7.1.
This the 7th day of March, 2016.
Harnett County Board of Commissioners
ATTACHMENT 4
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North
Carolina (the "County") was held on Monday, March 7, 2016, at 9:00 a.m. in the County Commissioners'
Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North
Carolina, Jim Burgin, Chairman of the Board presiding and the following Commissioners present:
Jim Burgin, Chairman
Gordon Springle, Vice -Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Commissioners absent: N/A
Also present:
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Commissioner McKoy moved that the following resolution (the "Resolution"), a copy of which
was available with the Board and which was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT
FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS
THERETO
WHEREAS, the County of Harnett, North Carolina (the "County") is a validly existing political
subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution,
statutes and laws of the State of North Carolina (the "State");
WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to
(1) purchase real and personal property, (2) enter into installment purchase contracts in order to finance
the purchase of real and personal property used, or to be used, for public purposes, and (3) grant a security
interest in some or all of the property purchased to secure repayment of the purchase price;
WHEREAS, the Board hereby determines that it is in the best interest of the County to enter into
(1) an installment financing contract (the "Contract") under Section 160A-20 of the General Statutes of
North Carolina (the "Act") in order to pay the capital costs of all or a portion of the projects identified as
eligible "Qualified School Construction Bond projects" in the resolution of the Harnett County Board of
Education adopted on December 7, 2015 (the "School Board Resolution") including improvements at
Coats Elementary School, Coats -Erwin Middle School, Harnett Central High School, Harnett Central
PPAB 3154468v1
Middle School, LaFayette Elementary School, Lillington-Shawtown Elementary School, Overhills High
School, Triton High School, Western Harnett High School and Western Harnett Middle School
(collectively, the "Projects") and (2) a deed of trust, security agreement and fixture filing (the "Deed of
Trust") related to the County's fee simple interest in the real property on which LaFayette Elementary
School is located, together with the improvements thereon, to provide security for the County's
obligations under the Contract;
WHEREAS, the County hereby determines that (1) the Projects are essential to the County's
proper, efficient and economic operation and to the general health and welfare of its inhabitants; (2) the
Projects will provide an essential use and will permit the County to carry out public functions that it is
authorized by law to perform; and (3) entering into the Contract and Deed of Trust is necessary and
expedient for the County by virtue of the fmdings presented herein;
WHEREAS, the County hereby determines that the Contract allows the County to purchase the
Projects and take title thereto at a favorable interest rate currently available in the financial marketplace
and on terms advantageous to the County;
WHEREAS, the County hereby determines that the estimated cost of financing the Project is an
amount not to exceed $2,200,000 and that such cost exceeds the amount that can be prudently raised from
currently available appropriations, unappropriated fund balances and non -voted bonds that could be
issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the
State;
WHEREAS, although the cost of financing the Projects pursuant to the Contract is expected to
exceed the cost of financing the Projects pursuant to a bond financing for the same undertaking, the
County hereby determines that the cost of financing the Projects pursuant to the Contract and Deed of
Trust and the obligations of the County thereunder are preferable to a general obligation bond fmancing
or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a
special election necessary to approve a general obligation bond financing, as required by the laws of the
State, would result in the expenditure of significant funds; (2) the time required for a general obligation
bond election would cause an unnecessary delay which would thereby decrease the financial benefits of
acquiring the Projects; and (3) no revenues are produced by the Projects so as to permit a revenue bond
financing;
WHEREAS, the County has determined and hereby determines that the estimated cost of
financing the Projects pursuant to the Contract reasonably compares with an estimate of similar costs
under a bond financing for the same undertaking as a result of the fmdings delineated in the above
preambles;
WHEREAS, the County does not anticipate a real property tax increase in order to pay sums
estimated to fall due under the Contract;
WHEREAS, Parker Poe Adams & Bernstein LLP, as special counsel ("Special Counsel"), will
render an opinion to the effect that entering into the Contract and the transactions contemplated thereby
are authorized by law;
WHEREAS, no deficiency judgment may be rendered against the County in any action for its
breach of the Contract, and the taxing power of the County is not and may not be pledged in any way
directly or indirectly or contingently to secure any moneys due under the Contract;
WHEREAS, the County is not in default under any of its debt service obligations;
PPAB 3154468v1
WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with
the Local Government Budget and Fiscal Control Act, and external auditors have determined that the
County has conformed with generally accepted accounting principles as applied to governmental units in
preparing its Annual Budget ordinance;
WHEREAS, past audit reports of the County indicate that its debt management and contract
obligation payment policies have been carried out in strict compliance with the law, and the County has
not been censured by the North Carolina Local Government Commission (the "LGC"), external auditors
or any other regulatory agencies in connection with such debt management and contract obligation
payment policies;
WHEREAS, a public hearing on the Contract will be held on March 21, 2016; and
WHEREAS, approval of the LGC with respect to entering the Contract must be received.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
Section 1. Authorization to Negotiate the Contract. The County Manager and the Finance
Officer, with advice from the County Attorney and Special Counsel, are hereby authorized and directed to
negotiate on behalf of the County for the financing of the Projects for a principal amount not to exceed
$2,200,000 under the Contract to be entered into in accordance with the provisions of the Act and to
provide in connection with the Contract, as security for the County's obligations thereunder, the Deed of
Trust conveying a lien and interest in all or a portion of the County's interest in the real property on which
LaFayette Elementary School is located and the improvements thereon, as may be required by the entity
or entities, or their respective assigns, providing the funds to the County under the Contract.
Section 2. Application to LGC. The Finance Officer or her designee is hereby directed to
file with the LGC an application for its approval of the Contract and all relevant transactions
contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to
attach thereto such exhibits regarding the County and its financial condition as may be required by
the LGC.
Section 3. Public Hearing. A public hearing (the "Public Hearing") shall be conducted by
the Board of Commissioners on March 21, 2016 at 7:00 p.m. in the County Commissioners' Meeting
Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina,
concerning the execution and delivery of the Contract and the Deed of Trust and the Projects to be
financed thereby.
Section 4. Notice of Public Hearing. The Clerk to the Board is hereby directed to cause a
notice of the Public Hearing in the form attached hereto as Exhibit A to be published once in a qualified
newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing.
Section 5. Financing Team. The County Manager and the Finance Officer, with advice
from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe
Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor.
Section 6.
are hereby repealed.
Repealer. All motions, orders, resolutions and parts thereof in conflict herewith
Section 7. Effective Date. This Resolution is effective on the date of its adoption.
PPAB 3154468v1
On motion of Commissioner McKoy, and seconded by Commissioner Elmore, the foregoing
resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF BARNETT,
NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT
AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly adopted by the
following vote:
AYES: 5
NAYS: 0
PPAB 3154468v1
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
)
)
)
SS:
I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution
entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT AND
PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of
Commissioners of the County of Harnett, North Carolina, at a meeting held on the 7th day of March, 2016.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 7th
day of March, 2016.
PPAB 3154468v1
/le g - 1/442.64,
MARC RET REGIN WHEELER
Cler o the Board
Coun y of Harnett, North Carolina
EXHIBIT A
NOTICE OF PUBLIC HEARING
The Board of Commissioners (the "Board") of the County of Harnett, North Carolina
(the "County") is considering (1) entering into an installment financing contract in an amount not to
exceed $2,200,000 (the "Contract") to finance all or a portion of the projects identified as eligible
"Qualified School Construction Bond projects" in the resolution of the Harnett County Board of
Education adopted on December 7, 2015 (the "School Board Resolution") including improvements at
Coats Elementary School, Coats -Erwin Middle School, Harnett Central High School, Harnett Central
Middle School, LaFayette Elementary School, Lillington-Shawtown Elementary School, Overhills High
School, Triton High School, Western Harnett High School and Western Harnett Middle School
(collectively, the "Projects") and (2) executing and delivering a deed of trust, security agreement and
fixture filing (the "Deed of Trust") related to all or a portion of the County's fee simple interest in the real
property on which LaFayette Elementary School is located, together with the improvements thereon
(collectively, the "Premises"), as may be required by the entity providing the funds to the County under
the Contract.
LaFayette Elementary School is located at 108 LaFayette School Road, Fuquay-Varina, North
Carolina 27526. The Premises identified above would be mortgaged under the Deed of Trust. On the
County' s payment of all installment payments due under the Contract, the Deed of Trust and any lien
created thereunder would terminate and the County's title to the Premises would be unencumbered.
NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 of the General Statutes of North
Carolina, that on March 21, 2016 at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett
County Administration Building, 102 East Front Street, Lillington, North Carolina, a public hearing will
will be conducted concerning the approval of the execution, delivery and performance of the Contract and
the Deed of Trust and the Projects to be fmanced thereby. All interested parties are invited to present
comments at the public hearing regarding the execution, delivery and performance of the Contract and the
Deed of Trust and the Projects to be financed thereby.
/s/ Margaret Regina Wheeler
Clerk to the Board of Commissioners
County of Harnett, North Carolina
Published: March 9, 2016
PPAB 3154468v1
ATTACHMENT 5
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North
Carolina (the "County") was held on Monday, March 7, 2016, at 9:00 a.m. in the County Commissioners'
Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North
Carolina, Jim Burgin, Chairman of the Board presiding and the following Commissioners present:
Jim Burgin, Chairman
Gordon Springle, Vice -Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Commissioners absent: N/A
Also present:
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Commissioner McKoy moved that the following resolution (the "Resolution"), a copy of which
was available with the Board and which was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, AUTHORIZING THE REFINANCING OF A COUNTY INSTALLMENT
FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS
THERETO
WHEREAS, the County of Harnett, North Carolina (the "County") is a validly existing political
subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution,
statutes and laws of the State of North Carolina (the "State");
WHEREAS, the County has the power pursuant to the General Statutes of North Carolina to
(1) purchase real and personal property, (2) enter into installment financing contracts in order to finance
and refmance the purchase of real and personal property used, or to be used, for public purposes and
(3) grant a security interest in some or all of the property purchased to secure repayment of the purchase
price;
WHEREAS, the County previously executed and delivered an Installment Purchase Contract dated
as of February 1, 2009 (the "2009 Contract') between the County and Harnett County Public Facilities
Corporation (the "Corporation") to finance, in part, (1) the construction, furnishing and equipping of a
new Boone Trail Elementary School and the acquisition of land therefor, (2) the construction, furnishing
and equipping of a 24 -classroom and auxiliary gymnasium addition to Harnett Central High School,
(3) the construction, furnishing and equipping of a 15 -classroom addition to Johnsonville Elementary
School and (4) the construction, furnishing and equipping of a gymnasium at Highland Elementary
School (collectively, the "2009 Projects");
WHEREAS, in order to secure its obligations under the 2009 Contract, the County executed and
delivered a Deed of Trust and Security Agreement dated as of February 1, 2009 (the "2009 Deed of
Trust") from the County to the deed of trust trustee named therein, granting a lien on the real property on
which the Boone Trail Elementary School is located and all improvements thereon and on the real
property on which Harnett Central High School is located and all improvements thereon;
WHEREAS, the Corporation previously executed and delivered its Certificates of Participation,
Series 2009 (the "2009 Certificates"), evidencing proportionate undivided interests in rights to receive
certain revenues (the "Revenues") pursuant to the 2009 Contract under an Indenture of Trust dated as of
February 1, 2009 (the "2009 Indenture") between the Corporation and First . Citizens Bank & Trust
Company, the successor to which is U.S. Bank National Association (the "Trustee");
WHEREAS, the Board of Commissioners of the County (the "Board") hereby determines that it is
in the best interests of the County to refinance all or a portion of the County's installment financing
obligation pursuant to the 2009 Contract in order to achieve debt service savings;
WHEREAS, in order to accomplish the refinancing, the County staff and Davenport & Company,
LLC, as the County's financial advisor, have solicited proposals to either:
(a) execute and deliver an amendment to the 2009 Contract (the "Contract Amendment") in order
to refinance the County's installment financing obligations under the 2009 Contract corresponding to the
2009 Certificates maturing on and after June 1, 2020 to be secured by the 2009 Deed of Trust, or
(b) execute and deliver (i) a new installment financing contract (the "New Contract") to refinance
all of the County's installment financing obligations under the 2009 Contract corresponding to all of the
2009 Certificates and (ii) enter into a deed of trust, security agreement and fixture filing (the "New Deed
of Trust') related to the County's fee simple interest in the real property on which either Boone Trail
Elementary School or Harnett Central High School are located and all improvements thereon;
WHEREAS, the Board has previously determined that (1) the acquisition of the 2009 Projects is
essential to the County's proper, efficient, and economic operation and to the general health and welfare
of its inhabitants and (2) the 2009 Projects will provide an essential use and will permit the County to
carry out public functions that it is authorized by law to perform;
WHEREAS, the Board hereby determines that entering into the Contract Amendment or the New
Contract is necessary and expedient for the County by virtue of the findings presented herein;
WHEREAS, the County hereby determines that either the Contract Amendment or the New
Contract would allow the County to refinance all or a portion of the 2009 Certificates at a favorable
interest rate currently available in the financial marketplace and on terms advantageous to the County;
WHEREAS, the County hereby determines that the estimated cost of refinancing all or a portion
of the 2009 Certificates exceeds the amount that can be prudently raised from currently available
appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in
the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State;
WHEREAS, although the cost of refinancing all or a portion of the 2009 Certificates pursuant to
the Contract Amendment or the New Contract is expected to exceed the cost of refinancing all or a
portion of the 2009 Certificates pursuant to a bond financing for the same undertaking, the County hereby
determines that the cost of refmancing all or a portion of the 2009 Certificates pursuant to the Contract
Amendment or the New Contract and the obligations of the County thereunder are preferable to a general
obligation bond financing or revenue bond financing for several reasons, including but not limited to the
PPAB 3141798v2
following: (1) the cost of a special election necessary to approve a general obligation bond financing, as
required by the laws of the State, would result in the expenditure of significant funds; (2) the time
required for a general obligation bond election would cause an unnecessary delay which would thereby
decrease the financial benefits of refinancing all or a portion of the 2009 Certificates; and (3) insufficient
revenues are produced by the 2009 Projects so as to permit a revenue bond financing;
WHEREAS, the County has determined and hereby determines that the estimated cost of
refinancing all or a portion of the 2009 Certificates pursuant to the Contract Amendment or the New
Contract reasonably compares with an estimate of similar costs under a bond financing for the same
undertaking as a result of the fmdings delineated in the above preambles;
WHEREAS, the County does not anticipate a future property tax increase to pay Installment
Payments falling due under the Contract Amendment or the New Contract;
WHEREAS, the sums to fall due under the Contract Amendment or the New Contract will be
adequate but not excessive for its proposed purpose;
WHEREAS, Parker Poe Adams & Bernstein LLP, as special counsel, will render an opinion to the
effect that entering into the Contract Amendment or the New Contract and the transactions contemplated
thereby are authorized by law;
WHEREAS, no deficiency judgment may be rendered against the County in any action for its
breach of the Contract Amendment or the New Contract, and the taxing power of the County is not and
may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the
Contract Amendment or the New Contract;
WHEREAS, the County is not in default under any of its debt service obligations;
WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with
the Local Government Budget and Fiscal Control Act, and external auditors have determined that the
County has conformed with generally accepted accounting principles as applied to governmental units in
preparing its Annual Budget ordinance;
WHEREAS, past audit reports of the County indicate that its debt management and contract
obligation payment policies have been carried out in strict compliance with the law, and the County has
not been censured by the North Carolina Local Government Commission (the "Commission"), external
auditors or any other regulatory agencies in connection with such debt management and contract
obligation payment policies;
WHEREAS, the Board hereby reaffirms each of the findings it made with respect to the
2009 Contract and the 2009 Projects in the resolution adopted by the Board on November 17, 2008; and
WHEREAS, the County must obtain the Commission's approval to enter into the Contract
Amendment or the New Contract;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
Section 1. Authorization to Negotiate Contract Amendment or the New Contract. The
County Manager, the Finance Officer and their designees, with advice from the County Attorney and
Special Counsel, are hereby authorized and directed to negotiate on behalf of the County for the
refinancing of all or a portion of the 2009 Certificates under either the Contract Amendment or the New
PPAB 3141798v2
Contract in a principal amount not to exceed $34,000,000, to be entered into in accordance with the
provisions of Section 160A-20 of the General Statutes of North Carolina. All actions of the County, the
County Manager, the Finance Officer, the Clerk to the Board, the County Attorney and their respective
designees, whether previously or hereinafter taken, in effectuating the proposed refinancing in a manner
consistent with this Resolution are hereby approved, ratified and authorized.
Section 2. Application to the Commission. The Finance Officer or her designee is hereby
directed to file with the Commission an application for its approval of the Contract Amendment or the
New Contract and all relevant transactions contemplated thereby on a form prescribed by the Commission
and to state in such application such facts and to attach thereto such exhibits regarding the County and its
financial condition as may be required by the Commission.
Section 3. Public Hearing. A public hearing (the "Public Hearing") shall be conducted by
the Board of Commissioners on March 21, 2016 at 7:00 p.m. in the County Commissioners' Meeting
Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina,
concerning the refinancing of the County's installment payment obligations with respect to the 2009
Contract and either the execution and delivery of the New Contract and the New Deed of Trust or the
execution and delivery of the Contract Amendment.
Section 4. Notice of Public Hearing. The Clerk to the Board is hereby directed to cause a
notice of the Public Hearing in the form attached hereto as Exhibit A to be published once in a qualified
newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing.
Section 5. Financing Team. The County Manager and the Finance Officer, with advice
from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe
Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor.
Section 6. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith
are hereby repealed.
Section 7. Effective Date. This Resolution is effective on the date of its adoption.
On motion of Commissioner McKoy, and seconded by Commissioner Elmore, the foregoing
resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, AUTHORIZING THE REFINANCING OF A COUNTY INSTALLMENT FINANCING
OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly
adopted by the following vote:
AYES: 5
NAYS: 0
PPAB 3141798v2
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
)
)
SS:
I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution
entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, AUTHORIZING THE REFINANCING OF A COUNTY INSTALLMENT FINANCING OBLIGATION
AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of
Commissioners of the County of Harnett, North Carolina, at a meeting held on the 7th day of March, 2016.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 7th
day of March, 2016.
PPAB 3141798v2
MARG.
Clerk t
Coun
RET REGIN HEELER
the Board'
of Harnett, North Carolina
EXHIBIT A
NOTICE OF PUBLIC HEARING
At its meeting on March 7, 2016, the Board of Commissioners (the "Board") of the County of
Harnett, North Carolina (the "County"), adopted a resolution which:
1. Authorized the County to either:
(a) execute and deliver an amendment (the `Amendment") to an Installment
Purchase Contract dated as of February 1, 2009 (the "Prior Contract" and collectively
with the Amendment, the "2009 Contract") in order to refinance a portion of the
County's installment financing obligations thereunder, or
(b) execute and deliver a new installment financing contract (the "New
Contract") to refmance all of the County's installment financing obligations under the
Prior Contract.
2. Authorized the County, should it proceed with the New Contract, to proceed to
enter into a deed of trust, security agreement and fixture filing (the "New Deed of Trust")
under which the County will grant a lien on in the real property on which either Boone
Trail Elementary School or Harnett Central High School are located and all
improvements thereon, as security for the New Contract. Boone Trail Elementary School
is located at 1425 Adcock Rd, Lillington, NC 27546. Harnett Central High School is
located at 2911 Harnett Central Rd, Angier, NC 27501.
If the County proceeds with the New Contract, either Boone Trail Elementary School or Harnett
Central High School will be mortgaged under the New Deed of Trust. If the County proceeds with the
Amendment, the obligations under the 2009 Contract will be secured by a Deed of Trust dated as of
February 1, 2009 (the "Existing Deed of Trust") on both Boone Trail Elementary School and Harnett
Central High School.
On payment by the County of all installment payments due under either the 2009 Contract or the
New Contract, the corresponding deed of trust and any lien created thereunder will terminate and the
County's title to any properties mortgaged thereunder will become unencumbered.
NOTICE IS HEREBY GIVEN pursuant to Sections 160A-20 of the General Statutes of North
Carolina, that on March 21, 2016 at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett
County Administration Building, 102 East Front Street, Lillington, North Carolina, a public hearing will
be conducted concerning the approval of the execution, delivery and performance of either (a) the
Amendment and the projects to be refinanced thereby or (b) the New Contract and the New Deed of Trust
and the projects to be refinanced thereby. All interested parties are invited to present comments on either
of the options referenced above at the public hearing.
/s/ Margaret Regina Wheeler
Clerk to the Board of Commissioners
County of Harnett, North Carolina
Published: March 9, 2016
PPAB 3141798v2